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6-0904-15979-2 |
STATE OF
MINNESOTA
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR THE
BOARD OF NURSING
|
In
the Matter of Judith M. Keller, R.N., License No. 111273-5 |
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION |
The above-entitled matter came
on for prehearing conference before Administrative Law Judge Allan W. Klein
commencing at 1:30 p.m. on July 23, 2004, at the offices of the Minnesota Board
of Nursing, Suite 200, 2829 University Avenue S.E., Minneapolis, Minnesota.
Stephen B. Masten, Assistant
Attorney General, 445 Minnesota Street, Suite 1400, St. Paul, MN
55103-2131, appeared on behalf of the Minnesota Board of Nursing Review Panel
(“Panel”). Judith M. Keller (“Respondent”) appeared on her own
behalf.
The record in this matter closed on
September 21, 2004, upon Respondent’s failure to file a Notice of Appearance.
This report is a recommendation, not a final decision. The Board of Nursing will make the final decision after a review of the record. The Board may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations. Under Minn. Stat. § 14.61, the final decision of the Board shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the Board. Parties should contact Kay Buchanan, Discipline Coordinator, Board of Nursing, 2829 University Ave. S.E., Suite 500, Minneapolis, MN 55414 to learn the procedure for filing exceptions or presenting argument.
If the Board fails to issue a final
decision within 90 days of the close of the record, this report will constitute
the final agency decision under Minn. Stat. § 14.62, subd. 2a. In order
to comply with this statute, the Board must then return the record to the
Administrative Law Judge within 10 working days to allow the Judge to determine
the discipline to be imposed. The record closes upon the filing of
exceptions to the report and the presentation of argument to the Board, or upon
the expiration of the deadline for doing so. The Board must notify the
parties and the Administrative Law Judge of the date on which the record
closes.
Under Minn. Stat. § 14.62, subd. 1, the agency is required to serve its
final decision upon each party and the Administrative Law Judge by first class
mail or as otherwise provided by law.
The issue in this case is whether or
not disciplinary action should be taken against the Respondent in accordance
with Minn. Stat. § § 148.261, and 148.262.
Based upon all of the
proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1.
On August 26, 2004, a
Notice of and Order for Hearing in this matter was mailed to the Respondent.
The Notice of and Order for Hearing scheduled a hearing for November 16, 2004,
in Minneapolis.
2.
The Notice of and Order
for Hearing that was mailed to the Respondent contained the following
statement:
Any
party intending to appear at the hearing must file a Notice of Appearance form
and return it to the Administrative Law Judge within 20 days of the date of
service of this Notice and Order. A
copy must be served on the Board Review Panel’s attorney. A Notice of Appearance form is
enclosed. Respondent stated at the
prehearing conference held on July 23, 2004, that she did not desire or intend
to participate in a contested case hearing.
Therefore, Respondent is hereby notified that failure to file a Notice
of Appearance as provided by this paragraph may result in a finding that
Respondent is in default, that the allegations contained in this Notice and
Order may be accepted as true, and its proposed action may be upheld.
3. The Respondent did not file a Notice of
Appearance. Respondent did not contact the Board or the Administrative
Law Judge to request an extension of the deadline for filing the Notice of
Appearance.
3.
The allegations set
forth in the Notice of and Order for Hearing are deemed proved and are hereby
incorporated into these Findings by reference.
Based upon the
foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1.
The Minnesota Board of
Nursing and the Administrative Law Judge have subject matter jurisdiction
herein pursuant to Minn. Stat. § § 148.261, 214.10, 214.103 and 14.50.
2.
The Respondent was
given timely and proper notice of the requirement to file a Notice of
Appearance.
3.
The Minnesota Board of
Nursing has complied with all relevant substantive and procedural requirements
of statute and rule.
4.
The Respondent is in
default as a result of her failure to file a Notice of Appearance.
5.
Under Minn. Rule
1400.6000 when a party defaults, the allegations and the issues set out in the
Notice of and Order for Hearing may be taken as true and deemed proved.
The Administrative Law Judge therefore takes those allegations and issues as
true and deemed proved.
6.
Based upon the facts
set out in the Notice of and Order for Hearing, the Respondent has violated
Minn. Stat. § § 148.261, subds. 1(5), (6), and (11). and is therefore subject
to disciplinary action by the Minnesota Board of Nursing.
7.
An order by the Board
prescribing disciplinary action against the Respondent is in the public
interest.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
IT IS HEREBY
RECOMMENDED: that disciplinary action be taken against the R.N. License of
Judith M. Keller by the Minnesota Board of Nursing.
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Dated
this |
24th
|
Day
of |
September |
2004. |
|
S/Allan
W. Klein_____________________ |
|
ALLAN
W. KLEIN |
|
Administrative
Law Judge |
Reported:
Default.